Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 185

After Division 1 of Part 14 of the Fines Reform Act 2014 insert—

" Division 1A—Request by person in custody to Director for waiver or to make application to Court

        171AA     Application of Division

    (1)     This Division applies to a person—

        (a)     who is in custody; and

        (b)     who is the subject of a relevant infringement fine.

        171AB     Request to Director for waiver or to make application for time served order

        A person to whom this Division applies may request in writing that the Director take appropriate action so that the person's relevant infringement fines are (as appropriate)—

        (a)     considered by the Magistrates' Court under Division 2; or

        (b)     waived by the Director.

        171AC     Appropriate action—application to the Magistrates' Court by Director

        Subject to section 171A(4) and (5),     the Director must apply to the Magistrates' Court for an order in accordance with section 171A on behalf of a person who has made a request under section 171AB if any of the following applies to the person—

        (a)     the person is only in custody because of a fine related sentence;

        (b)     the outstanding amount under a relevant infringement fine of the person exceeds the term of imprisonment of the person in respect of a non-fine related sentence where one day in custody accounts for one penalty unit or part of a penalty unit of the outstanding amount under the relevant infringement fine.

Note

See also section 171AD(2).

        171AD     Director must waive payment of relevant infringement fines if section 171AC does not apply

    (1)     Subject to subsection (2), the Director must waive any outstanding amount of a relevant infringement fine of a person who has made a request under section 171AB unless the Director is required to make an application to the Magistrates' Court under section 171AC on behalf of that person.

    (2)     For the purposes of subsection (1), the outstanding amount of the relevant infringement fine that may be waived by the Director must not exceed an amount that is equivalent to 24 months in custody where one penalty unit or part of a penalty unit is equivalent to one day in custody.

        171AE     Effect of waiving payment of outstanding amount of relevant infringement fine

On the Director waiving payment of an outstanding amount of the relevant infringement fine under section 171AD, the person who made a request under section 171AB is taken to have served a term of imprisonment in default of payment of the relevant infringement fine for the purposes of section 32(1A)(b) of the Infringements Act 2006 despite the fact that the term of imprisonment does not relate to the infringement offence that is the subject of the relevant infringement fine.".